What is the ruling on bequeathing one’s entire estate to a charity when a person has no heirs? I do not have any heirs, and wish to bequeath my entire estate to a charitable organization. Is this permissible according to Islamic law? If not, what can I do?  

It is permissible for a mukallaf (a person legally responsible under Islamic law) who has no heirs to dispose of their entire estate in bequests during their lifetime. Such a bequest is binding and enforceable for the entity to which it is designated.

 

The Islamic ruling on bequeathing one's estate

In Islamic jurisprudence, a bequest is defined as a legal disposition or donation that takes effect after death. The stipulation that it takes effect posthumously means that it only becomes operative after the death of the testator.

It is established in Islamic law that a bequest exceeding one-third of the estate is not valid unless approved by the heirs. However, scholars have different opinions on whether it is permissible to dispose of one’s entire estate in bequests in the absence of any heirs, as is the case of the inquirer. 

 

Scholarly opinions

The established opinion of the Hanafis and Hanbalis
According to Hanafi and Hanbali scholars, the bequest of the entire estate is valid for one who has no heirs.

• • Imam al-Sarakhsi, a Hanafi scholar, stated in Al-Mabsut (8:82), "If a person leaves a bequest for all of their wealth, and has no heirs, then — according to our view — the entire estate goes to the beneficiary."
  • Imam Al-Buhuti, the Hanbali scholar, mentioned in Sharh Muntaha Al-Iradat (2:455),
    " The bequest of the entire wealth by a person who has no heirs is valid without restriction; this was narrated from Ibn Mas'ud. The prohibition of exceeding one-third [of the estate] pertains to the rights of heirs, and there are no heirs in this case."

This view is supported by the hadith of Sa'd Ibn Abu Waqqas (may Allah be pleased with him), who narrated that Prophet Muhammad (peace and blessings be upon him) visited him in Mecca when he was ill. Sa'd asked,
"O Messenger of Allah, should I bequeath all of my wealth?" The Prophet replied, “No.”
Sa'd then asked, "Then half of it?" Once again, the Prophet replied, “No.” Sa'd then asked, "One-third of it?" The Prophet replied, “One-third, and one-third is plenty. It is better for you to leave your heirs wealthy than to leave them dependent on others, begging from people … "
(recorded by al-Bukhari and Muslim, with the wording attributed to al-Bukhari). This hadith demonstrates that the prohibition of bequeathing more than one-third of the estate applies in cases where legal heirs are present.

2. The position of the Malikis and Shafi'is, and one of two opinion of the Hanbalis
   These schools hold that a bequest exceeding one-third of an estate is invalid and that any amount exceeding one-third must be transferred to bayt al-mal (the public treasury).
   • Imam al-Dasuqi, the Maliki scholar, stated in his commentary on Al-Sharh Al-Kabir (4:427),
     "A bequest to a non-heir beyond one-third [of the estate] is invalid. If a testator bequeaths half of their estate or designates specific assets amounting to half to a non-heir, the bequest is only executed up to one-third. If no legal heirs are present, the remaining portion is transferred to bayt al-mal."
   • Imam al-Ruyani, the Shafi'i scholar, noted in Bahr Al-Madhhab (8:12),
     "If a deceased person leaves no heirs and distributes their entire estate by way of bequests, the disposition is limited to one-third, with the remainder going to bayt al-mal."
   • The Hanbali scholar Imam Ibn Qudamah, explains in Al-Muqni' (p. 249)
     that if a person has no heirs, they are allowed to dispose of their entire estate in bequests. He also notes that one opinion of Ahmad limits the bequest to one-third.

 

The ruling

Based on the above, it is permissible for a mukallaf who has no heirs to bequeath their entire estate during their lifetime. This is valid in Islamic law, and the bequest will be enforceable in favor of the chosen beneficiary.

And Allah the Almighty knows best.